Signup

WAIVER AND RELEASE AGREEMENT

This Waiver and Release Agreement ("Agreement") is made between the undersigned participant ("Participant") and Chama Martial Arts (ABN 696 060 465) ("CMM"), including its directors, officers, employees, contractors, instructors, agents, affiliates, successors, and assigns (collectively referred to as the "Released Parties").

1. General Agreement & Responsibility

By signing this Agreement, I acknowledge that I will abide by all rules, policies, and guidelines set by CMM. I accept full responsibility for any damage I may cause to CMM property, equipment, or premises due to negligence.

2. Waiver and Release of Liability

I HEREBY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE CMM and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers, and trustees from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of any kind, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the available classes or facilities — including, but not limited to, exercise, fitness, training, or martial arts (together referred to as the "Activities") — conducted by, on the premises of, or for the benefit of CMM.

This waiver does not apply in cases of gross negligence or intentional, wilful, or wanton misconduct.

3. Acknowledgement of Risks

I understand that Brazilian jiu jitsu and Judo (like other martial arts) is a full contact combat sport and involves inherent risks, including but not limited to:

* Serious bodily injury (e.g. trauma to the face and teeth, fractures, sprains, strains, concussions, paralysis, or death)

* Risk of infectious disease (e.g. bacterial or viral infections, skin conditions)

* Loss, theft, or damage to personal property

* Physical exertion risks or worsening of pre-existing medical conditions

I knowingly and voluntarily assume all risks and agree not to hold CMM liable for any injury, illness, or loss suffered, except in cases of gross negligence.

4. Full-Contact Training Risks (Martial Arts) I acknowledge that Brazilian Jiu-Jitsu, Judo and related martial arts training involve full-contact physical engagement, including but not limited to:

* Chokes and strangulations

* Joint locks and submission holds

* Takedowns, throws, and controlled impact with the ground

* Grappling movements that may cause force-related injuries

* Brazilian jiu jitsu is a sport that is learned through physical participation and practice, and frequently in a group setting. The learning and practice of Brazilian jiu jitsu in a group setting involves students practicing techniques with each other and competing or sparring (‘rolling’) with each other.

Despite all reasonable safety efforts by CMM, I understand these activities carry unavoidable risks of physical harm. I voluntarily assume all such risks.

5. Hygiene & Infectious Diseases

I acknowledge that martial arts involve close physical contact with others. While CMM enforces hygiene protocols, I understand that I may still be exposed to:

* Skin infections (e.g. ringworm, staph, impetigo)

* Viral or bacterial infections (e.g. influenza, COVID-19, MRSA)

* Other communicable diseases via close contact, shared surfaces, and training environments

I accept full responsibility for my own hygiene practices and agree not to hold CMM liable for any resulting illness.

6. Brazilian jiu jitsu and Judo may not be a suitable sport or form of training for people who have certain medical conditions that might include (without limitation)

*heart conditions

*susceptibility to internal injury or bleeding

*treatment with blood thinners

*anxiety disorders (or anxiety in the context of being held down)

*back injuries, or conditions that would make the application of choke holds particularly risky.

This does not constitute medical advice. Before commencing the Martial Arts Program, each participant should obtain medical advice to determine if participation is suitable.

7. As a competition sport, there are bodies or organisations in Australia that promote, conduct and/or host Brazilian jiu jitsu and Judo competitions. We may invite our students to participate in such competitions, train students with a view to participation in such competitions and/or have instructors present at such competitions as our representatives. Participating in such competitions (wherever they may be) is, for the purposes of this Agreement, to be included in the definition of our Martial Arts Program. Under no circumstances do we represent that participation in such competitions is safe or that we are satisfied with the environment in which such competitions are held.

8. Media & Photography Consent

I acknowledge that CMM may film or photograph classes, sessions, and events for marketing, educational, or social media use. By signing this Agreement, I grant permission for my image or likeness to be used unless I notify CMM in writing prior to the class or event.

9. Medical Fitness & Disclosure

I affirm that:

* I am in good health and physically fit to participate in the Activities.

* I do not have any injury or condition that may be aggravated by participation.

* I will immediately inform CMM of any condition that could impact my safety or the safety of others.

I understand that failure to disclose medical conditions may lead to injury, for which I accept full responsibility. CMM reserves the right to deny participation or request medical clearance where appropriate. I acknowledge that CMM is not responsible for assessing my fitness — I am solely responsible for my own health and safety.

10. Emergency Medical Authorisation

In the event of an emergency where I am unable to make decisions, I authorise CMM and/or its representatives to:

* Provide or seek emergency medical care

* Secure emergency transport if required

* Attempt to notify my nominated emergency contact

* I accept full financial responsibility for any emergency care or related expenses incurred.

11. Assumption of Risk & Indemnification I acknowledge that:

* I assume full responsibility for any risk of injury, illness, death, loss, or damage from participating in the Activities.

* I agree to defend, indemnify, and hold harmless CMM from any and all claims, liabilities, damages, or legal costs arising from my actions or participation, except in cases of gross negligence or wilful misconduct.

• This includes any third-party claims that may arise from my conduct.

12. Pricing

I understand that membership pricing may change at any time.  Members will be given 14 days notice of a price increase. 

13. Terms & Conditions of Participation

This Agreement:

* Applies to all training and fitness services provided by CMM

* Covers all levels of participation, including trials, casual use, or full membership

* May only be modified in writing and agreed upon by CMM

* Survives termination of participation

* Is legally binding and enforceable to the fullest extent permitted by law

By signing below, I confirm that I have read, understood, and voluntarily accept the terms of this Waiver and Release Agreement.

I Accept the Gym Desk Direct Debit Terms and Conditions